Manhattan Fire & Marine Insurance Co. v. Melton

FANNING; Justice.

G. H. Melton, appellee herein, sued appellant insurance company on a policy of fire and extended coverage insurance, claiming that his residence in Sulphur Springs was damaged on May 23, 1957, by windstorm, hail and wind-driven rain, and recovered judgment for $982.50, pursuant to a jury verdict upon special issues. Appellant insurance company’s motion for new trial was overruled and it has appealed.

Appellant presents two points upon appeal. Its first point reads as follows:

“The error of the trial court in its charge to the jury in applying as the measure of damages the cost…